January 2022

State Updates

 

California Agricultural Employees Overtime Pay Schedule

05/02/19

Author: ADP Admin/Thursday, April 25, 2019/Categories: Compliance Corner , State Compliance Update, California

Overview: The California Labor Commissioner’s Office has issued guidance on the new pay schedule for agricultural workers under the Phase-In Overtime for Agricultural Workers Act of 2016 that took effect January 1, 2019.

Effective Date: January 1, 2019

Details:

In the guidance, among other information, the following was provided.

The number of hours worked per day or per week before overtime pay is required at a rate of one and one-half times the agricultural employee’s regular rate of pay will phase-in according to the following schedule:

Effective date for employers with 26 or more employees:

Effective date for employers with 25 or fewer employees

Overtime (1.5x regular rate of pay) required after the following hours per day / hours per workweek:

January 1, 2019

January 1, 2022

9.5 / 55

January 1, 2020

January 1, 2023

9 / 50

January 1, 2021

January 1, 2024

8.5 / 45

January 1, 2022*

January 1, 2025*

8 / 40

*Double the regular rate of pay required after 12 hours in a workday.

For a copy of the guidance please click on the link provided below.

https://www.dir.ca.gov/dlse/Overtime-for-Agricultural-Workers.html

 

Action Required:  Employers of agricultural workers in California should review their scheduling practices and ensure that they are in compliance with the law’s wage and hour requirements. 

As always, please contact your dedicated service professional with any questions. 


This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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